201787P.pdf   10/08/2021  Gracie Foster  v.  Walmart, Inc.
   U.S. Court of Appeals Case No:  20-1787
   U.S. District Court for the Eastern District of Arkansas - Central   
   [PUBLISHED] [Stras, Author, with Smith, Chief Judge, and Wollman, Circuit 
   Judge] 
   Civil case - Arbitration. Plaintiffs alleged the gift cards they purchased 
   at Walmart were worthless because the value of the card was stolen by 
   third parties; Walmart filed a motion to compel arbitration based on a 
   notation on the back of the cards which directed the buyer to Walmart's 
   website; based on the notation on the card, a binding arbitration 
   agreement was not formed at the moment plaintiffs purchased the card; the 
   parties do not dispute that this is a "browsewrap" agreement case, but the 
   record is lacking on several material facts - whether the plaintiffs used 
   the website, whether the design of the website was sufficient to give a 
   reasonable browser notice of the arbitration, and whether the language on 
   the card was sufficient to put the buyer on notice - and the matter is 
   remanded to the district court for a trial on the question of whether the 
   parties agreed to arbitrate.